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(영문) 인천지방법원 부천지원 2018.08.14 2018가단102661

보험금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 22, 201, the network D (hereinafter “the network”) concluded an insurance contract with the Defendant with the following content (hereinafter “instant insurance contract”).

Insurance types: Securities number of non-dividend LIG100 Happed Plus Insurance: E insurance period: From June 22, 2011 to June 22, 2062: Beneficiary: Subscription amount of general injury by statutory heir: KRW 100 million.

B. Article 5 of the General Bodily Injury Clause of the instant insurance contract provides that matters not stipulated in the said Special Contacts shall be subject to the said General Contacts, and Article 17(1)1 of the said General Contacts provides that the insured shall not pay the insurance money when the cause for the payment of the insurance money occurred due to the insured’s intentional act, but the insured shall pay the insurance money when he/she damages himself/herself in a state of being unable to make a free

C. On March 1, 2017, around 20:45, the Deceased, the spouse of the Deceased, was found to have lost consciousness in the front of the Bupyeong-si F-si Factory (hereinafter “instant factory”), operated by the Deceased, and was sent to a nearby hospital on the same day, but died at around 21:39 on the same day.

(hereinafter “the instant death”). D.

As the inheritor of the deceased, there are plaintiffs A and C, who are their spouse, and their children.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the death of this case was based on the deceased’s suicide cannot be deemed as the result of the deceased’s suicide. As such, the Defendant is obligated to pay KRW 100 million of the insurance money stipulated in the insurance contract of this case to the Plaintiffs, the inheritor of the deceased,

Even if the death of this case was based on the deceased’s suicide, the deceased was sworn and acted in a state of mental disorder.